Report on Citizenship Law: Uganda
of Uganda would acquire citizenship automatically if the person’s father received citizenship
based on this provision.7 Those born in Uganda without a parent also born in Uganda were
entitled to register as citizens, as could women married to a person who became a Ugandan
citizen.
2.3. Post-independence era
The provisions defining citizenship in Uganda in its post-independence era were initially
established by the 1962 Constitution, supplemented by the Uganda Citizenship Act.8 These
provisions were common to other Commonwealth states on gaining independence. In relation
to those born after independence, the Constitution granted citizenship on the basis of birth in
the territory, otherwise known as jus soli, with the only exception being applied to child whose
father was a diplomat (unless the mother was a citizen) (Article 9). Gender discrimination was
applied to those born outside the country, who would only acquire citizenship if the father was
a citizen; while transmission of citizenship to those born outside was restricted to one
generation (Article 10). A women who married a Ugandan national was eligible for citizenship
through registration (Article 11). Dual citizenship was not permitted: any person born with dual
nationality was meant to renounce the citizenship of the other country on attaining majority or
lose their Ugandan citizenship (Article 12).
The Citizenship Act 1962 provided further detail on registration and naturalisation
based on residence for five years in Uganda, establishing preferential routes to acquire
citizenship for those originating in another Commonwealth or another African state, and more
onerous conditions for those without such a connection. In all cases, a person registering or
naturalising was required to renounce any other citizenship.9 The Act also established the rules
for deprivation of citizenship (from a person who had registered or naturalised only).10
During its immediate post-independence era, Uganda experienced tumultuous
transitions in political leadership and legislative practices. In 1962, Milton Obote became the
first Prime Minister of Uganda. After four years, Obote struggled to consolidate power among
the various localised power dynamics that existed throughout Uganda’s many ethnic and
cultural communities. An attempted military coup led to Obote suspending the country’s
Constitution in 1966. Thereafter, an Interim Constitution was passed in 1966 with no debate
among members of parliament, and a year later in 1967, a new Constitution was adopted.
The 1967 Constitution fundamentally changed the citizenship regime and did not
maintained the core elements of the citizenship provisions of the 1962 Constitution and
Citizenship Act. It removed jus soli citizenship rights (while maintaining the citizenship of
those who already held it) and provided instead that for citizenship to be attributed to “every
person born in Uganda after the commencement of this Constitution one of whose parents or
grandparents is or was a citizen of Uganda” (Article 4(1)b)). Although the new provisions
established no gender discrimination for those born in Uganda, for those born outside Uganda,
the new constitution maintained gender discrimination with a hard-to-interpret provision that
continued to refer to the father’s citizenship.11 Citizenship on the basis of marriage continued
7
Ibid. Article 7(2).
Uganda Citizenship Act 1962 (Cap.65, Laws of Uganda), entry into force 9 October 1962.
9
Citizenship of Uganda Act 1962, Part II and Schedule 2.
10
Ibid., Part III.
11
Constitution of Uganda 1967, Article 4(1)(c): “Every person born outside Uganda after the commencement of
this Constitution one of whose parents or grandparents is or was a citizen of Uganda, provided that his father
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